At times they seem to do that with concurrent cases. They want to make sure that the I140 is legit, either by prelimnary review or approval. It sort of defeats the purpose of concurrent filing, but what can you do?
If you haven't received it yet, it might be because they put a 'hold' on the EAD. If there is a 'hold' on it, you won't be able to get an interim EAD either. After they lift the hold, they might not resume processing your application automatically. Go to the local office periodically and try to get an interim EAD. They can get the regional center to pull the case for processing after the hold has been lifted.
After 90 days of EAD file day, you can get iEAD. However if you get RFE on your I-140, they put EAD on hold, the clock start again after you reply the RFE. It happened in my case. I had 2 RFEs, I was lucky to got my iEAD between 1st RFE and 2nd RFE (they were 6 month apart).
I am one of those few folks who got an RFE on my I140. It seems like my case was picked up in the Pilot since I got an RFE 2 months after the RD date. The RFE was about company's ability to pay. The wierd thing is some of my fellow employees who applied in the same category got approvals of the whole thing where as I got an RFE..go figure!
The deadline for the RFE response was Oct' 6th and my attorney responded 3 weeks ago. However there has been no change of status in my 140. Since its been more than 90 days since my 140/485 was submitted I would like to get iEAD. However I am not sure if I can get one if the online status has not been updated. Any idea how long they take to update the case and if the folks in the local office will have a better idea about the status. I had done my FP in June and the 485 status reflects that.
> I would like to get iEAD. However I am not sure if I can get one if
> the online status has not been updated. Any idea how long they
> take to update the case and if the folks in the local office will
> have a better idea about the status.
Go to the local office. The information in the online system is not what they go by. Only their internal system is the determinant whether they can issue an iEAD.
If there was a 'hold' on your EAD and the 'hold' got lifted, it doesn't automatically trigger the continuation of processing.
I am in a similar situation. My RD is 12/03 as well. The answer indeed turned out to be a hold on my I-140. Get your company lawyer to start doing fax inquries. If they don't respond, you can try asking your lawyer do an inquiry through either AILA liason or if you can show there's a job at stake, they can CSC emergency lines. An alternate (you can't do both AILA liason and this) is to contact your local congressman and have them inquire about your case. If you are in Anna Eshoo's constituency, you are in luck, her office is friendly and responsive.
If you have patience, you may want to try waiting a few more months, it looks like Aug-Sept I-140 are now being processed.